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Action should be struck out if evidence established that it was bound to fail

By: Mark Tottenham BL

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High Court grants orders striking out claim for specific performance and vacating a lis pendens, where there had been no concluded contract for sale, on the grounds that: (a) to allow the action to proceed where it was bound to fail would be an abuse of process of the court; (b) the court had been entitled to consider evidence in the exercise of its inherent jurisdiction to strike out a frivolous or vexatious action, even if the pleadings theoretically disclosed a cause of action.

Conduct of disappointed purchaser - register of lis pendens - prevention of resale of lands - danger of substantial injustice - motion to stay or strike out proceedings - order for lis pendens to be vacated - Order 19 Rule 28 - strike out of pleadings - pleading disclosing no reasonable cause of action - inherent jurisdiction of court to stay proceedings - court free to hear evidence - whether plaintiff had any cause of action - no concluded bargain for sale - offer to purchase building sites - correspondence 'subject to contract' - abuse of process.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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